LAWS(PAT)-2009-4-229

UMA SHANKAR PANDEY Vs. STATE OF BIHAR

Decided On April 15, 2009
UMA SHANKAR PANDEY Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) ORDER dated 7.6.2007 passed by Sub -Divisional Magistrate, Mohania, district of Kaimur in Case No. 822 of 2005 is the subject matter of challenge in the present case. The short submission made on behalf of the petitioner is that after an earlier order dated 9.5.2007 passed by Sub -Divisional Magistrate in a proceeding under section 107 of the Cr. P.C. there was no occasion for him thereafter to. pass yet another order dropping the proceeding and holding that the same has become time barred. Submission of learned counsel for the petitioner is that even if the earlier part of the order was bad then it was open to the opposite parties to challenge the same before the appropriate forum. But if the order dated 7.6.2007 is allowed to stand it will amount to permitting review of the earlier order by the court concerned which it is not empowered to do more so in a criminal proceeding.

(3.) LEARNED counsel representing the opposite parties submits that the order had to be passed by the Magistrate when he came to know the legal position and to that extent net effect of the order is in consonance with the law.